Clocks change this weekend

Clocks spring forward this weekend

In the UK the clocks go forward one hour at 1am on Sunday 26th March 2023 when we move to British Summer Time (sometimes called Daylight Saving Time). Most people will miss when the clocks actually change, although there will no doubt be the brief moment of confusion in the morning when we try to work out what the time actually is.

For some, however, who work overnight, they will see and feel the effects of this. So, what should employers do for those that are working overnight between Saturday 25th March and Sunday 26th March 2023?

Impact on pay and working hours 

When the clocks change in October, employers are faced with concerns about working an extra hour and how to adjust pay for that time, especially for those paid minimum wage. In springtime, however, the concern is more likely to be that employees will technically be working an hour less in their shift as a result of the clock change; for example, an employee working an eight-hour shift will actually only work for seven hours.

Payment for this time will come down to what is written in the contract of employment. If it sets out that the worker is entitled to hourly pay, paid for every hour they work, then they will only receive payment for seven hours. If, however, the employee is salaried, they will more than likely receive their usual pay regardless of whether they work one hour less. This is because a salaried employee is more likely than an hourly paid employee to be required to work extra hours without additional pay and to be entitled to pay even if they work fewer hours.

Be consistent 

Subject to any contractual constraints, it is up to employers how they deal with this matter as long as they are consistent and fair in their decision. They may, for example, ask the employee to work an extra hour or simply “write it off”.

Be prepared 

Employees due to work when the clocks go forward should be reminded that this will happen and told how their employer will be dealing with it. In particular, those due to start work early on Sunday morning are most likely to be caught out, so a reminder of the rules on lateness would be appropriate, as well as encouraging them to prepare for the change.

Hot Weather and Managing Staff

With longer days and higher temperatures, summer is likely an exciting time for both you and your employees. That said, you need to be ready for the issues the hot weather can cause in the workplace.

Summer issues for employers and how to deal with them

1. Keep everyone cool!

Whilst the law does not say how hot or cold your workplace should be, temperatures need to be ‘reasonable’.

Keep staff cool by allowing them to switch on fans and air conditioning or ‘dress down’ on hotter days if possible.

2. Remember more vulnerable workers

Some members of staff may be more affected by hot weather, such as those with a disability or pregnant women.

You can help by allowing these employees to take more breaks, move to cooler areas or even work from home temporarily.

3. Prepare for transport disruption

Hot weather can cause issues in the daily commute and you should try to be more understanding if staff are late for work. For example, trains may go slower to prevent tracks from buckling.

Employees should also be encouraged to plan ahead of their journeys and make allowances for delays.

4. Be ready for holiday requests

Everyone can’t be off at once and leave requests are likely to overlap, for instance during the school summer holidays.

It is a good idea to have a first-come, first-served system in place. That way, you can help to avoid one employee being prioritised over another.

5. Look out for unauthorised time off

Employees who are refused a holiday request may take the time off anyway. Alternatively, you may suspect a member of staff is ‘pulling a sickie’.

It is important not to jump to conclusions and conduct a full investigation into the absence. From here, it may become a disciplinary issue.

6. Check on your homeworkers

You aren’t expected to install air conditioning in your employees’ homes, but they should have the same rights as those working in the office. For example, more vulnerable staff should take more breaks, even when working remotely.

Absence Management

Employers often find absence a tricky thing to manage. There is a need to balance compassion for the individual, the realities of life (we all get ill or injured at some point) and the sound running of the business.

With scenes of chaos at airports and stories of flights cancelled at the last minute, Covid once again is to blame for disrupting our lives. In this case, it is due to high absence levels as a result of employees forced to isolate due to the risk of spreading a highly contagious virus that has affected so many people.

So what should employers do about absences, especially where the employee must stay off but feels fine?

The importance of a procedure

A robust absence management procedure is essential. It can help employers gain an overview of absence levels, manage excessive absences and put in place reasonable adjustments for disabled employees.

Setting expectations

Key to managing absence is setting out expectations. Reasonable expectations of average absence levels are good to set out and act as triggers for action should absence levels exceed them. What is reasonable, of course, will depend on the organisation, the nature of the work and the individual employee. However, setting general standards (that are adjusted on an individual basis) is still a valuable exercise.

Adjusting expectations

Some employees may have high absence levels due to a condition that affects their ability to perform day-to-day tasks on a long-term basis and, as such, constitute a disability under the Equality Act 2010. Where this is the case, employers must act carefully so as not to treat these employees less favourably than their colleagues.

Where there is a disability, the Equality Act 2010 requires employers to make reasonable adjustments to accommodate the disability to enable the employee to perform their duties. These reasonable adjustments also apply to absence triggers, and depending on the nature and severity of the disability, these may need to be either adjusted for the individual circumstances or removed all together if they are impossible for the employee to meet.

Removing absences entirely from consideration

Alternatively, some employees may have to be absent due to a requirement placed upon them, such as Covid isolation or where the employer has sent the employee home from work. Where this is the case, it would not be appropriate to include these absences as part of the employees overall absence figures, as in reality they had no choice but to be away from work and it could be viewed as ‘punishment’ for following the rules set down by either the Government, or now that isolation is no longer legally required, the employer.

Another situation that requires absences to be excluded from absence triggers are temporary conditions, such as pregnancy, that can impact an employee’s ability to attend work consistently. Again, to these employees, absence triggers should not be applied, as it would be discriminatory to do so. It is also worth noting that an employee who has suffered a miscarriage remains protected as though still pregnant for two weeks after the event.

Finally, absences that are connected with family friendly leave, such as emergency time off for dependents, parental bereavement leave, etc, should also not be included in absence triggers. This is due to the fact these rights are a) protected in law and therefore employees should not suffer a detriment from exercising them, and b) these are not sickness absences, but connected to a situation with another.

Should digital Right to work checks continue permanently?

Over 300,000 people a week could have been delayed in starting work if the Home Office had refused to allow Right to Work (RTW) checks to be conducted digitally now that the final stage of unlocking has been delayed.

This warning came from REC (the Recruitment and Employment Confederation) and refers to the fact that, since 30 March 2020, digital RTW checks have allowed employers to hire new staff without having to meet them in person to check documents.

This system has, the Confederation argues, kept people safe, saved companies time and resources during the pandemic and helped to slow the spread of Covid-19. It also levelled the playing field between UK and foreign nationals by allowing digital checks for both, rather than just for foreign nationals.

The Home Office seems to have agreed as it has now announced that digital right to work checks will be extended until the end of August.

It was, it said, “reviewing whether there are changes we can make to the right to work scheme to increase the digital checking aspects, including through the use of specialist technologies”.

The REC was quite clear what those changes should be with Chief Executive Neil Carberry welcoming the new concession but arguing that the next logical step should be a move to a permanent digital system.

“It makes no sense for Government to shoot themselves in the foot and return to mandating in-person checks when the use of digital checks has been a success story of the pandemic,” Deputy CEO Kate Shoesmith said.

She also highlighted the contradiction of the Government seeking to return to mandating in-person checks for UK nationals, thereby disadvantaging UK jobseekers in the labour market, while also trying to incentivise employers to not rely on workers from abroad.

Managing employees during periods of hot weather

With longer days and higher temperatures, summer is likely an exciting time for both you and your employees. That said, you need to be ready for the issues the hot weather can cause in the workplace.

Summer Issues for Employers & How to Deal with Them

1. Keep everyone cool!

Whilst the law does not say how hot or cold your workplace should be, temperatures need to be ‘reasonable’.

Keep staff cool by allowing them to switch on fans and air conditioning or ‘dress down’ on hotter days if possible.

2. Remember more vulnerable workers

Some members of staff may be more affected by hot weather, such as those with a disability or pregnant women.

You can help by allowing these employees to take more breaks, move to cooler areas or even work from home temporarily.

3. Prepare for transport disruption

Hot weather can cause issues in the daily commute and you should try to be more understanding if staff are late for work. For example, trains may go slower to prevent tracks from buckling.

Employees should also be encouraged to plan ahead of their journeys and make allowances for delays.

4. Be ready for holiday requests

Everyone can’t be off at once and leave requests are likely to overlap, for instance during the school summer holidays.

It is a good idea to have a first-come, first-served system in place. That way, you can help to avoid one employee being prioritised over another.

5. Look out for unauthorised time off

Employees who are refused a holiday request may take the time off anyway. Alternatively, you may suspect a member of staff is ‘pulling a sickie’.

It is important not to jump to conclusions and conduct a full investigation into the absence. From here, it may become a disciplinary issue.

6. Check on your homeworkers

You aren’t expected to install air conditioning in your employees’ homes, but they should have the same rights as those working in the office. For example, more vulnerable staff should take more breaks, even when working remotely.